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Canadian wife has been refused her BC

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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jeyness
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Joined: Fri Jul 19, 2019 2:52 pm
United Kingdom

Canadian wife has been refused her BC

Post by jeyness » Fri Jul 19, 2019 2:59 pm

So my wife applied for her BC, having been here for just under 5 years and meeting all of the requiremenrs set out on the gov website for becoming a british citizen.

We just had the letter of refusal sent through, without much information on it, stating:

Your application was recieved on 23rd April 2019. As you were subject to a time limit on your stay in the UK on the dat of your application you do not meet one of the residence requirements. The home secretary has no discretion to waive this particular requirement and as you do not meet it your application has been refused.

It then goes on to say she must take steps to regularise her immigration status and that on £80 will be refunded.

Does anyone have any ideas on this? her visa was renewed last year, with the health surcharge and biometrics etc all up to date.

I'm not really sure what requirement she has not met...

secret.simon
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Re: Canadian wife has been refused her BC

Post by secret.simon » Fri Jul 19, 2019 3:09 pm

In order to apply for British citizenship, your wife needs to have ILR or PR before she applies for British citizenship.
jeyness wrote:
Fri Jul 19, 2019 2:59 pm
As you were subject to a time limit on your stay in the UK on the dat of your application you do not meet one of the residence requirements.
It sounds like your wife did not have ILR/PR before she applied for British citizenship.

She also needs to physically be in the UK exactly three/five years before the date of application.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

jeyness
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Posts: 2
Joined: Fri Jul 19, 2019 2:52 pm
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Re: Canadian wife has been refused her BC

Post by jeyness » Fri Jul 19, 2019 4:44 pm

That does seem to be the case.. how foolish.

I have just seen, also the ILR application is almost £2400! seems like a con...

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zimba
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Re: Canadian wife has been refused her BC

Post by zimba » Fri Jul 19, 2019 9:39 pm

It is not foolish. The nationality law requires that an applicant applying for naturalisation to be free from immigration restrictions. So she must have ILR before applying and it was your mistake not to read the guide correctly and apply when she was not eligible :?
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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Djsuccess
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Re: Canadian wife has been refused her BC

Post by Djsuccess » Sun Jul 21, 2019 9:56 pm

jeyness wrote:
Fri Jul 19, 2019 2:59 pm
So my wife applied for her BC, having been here for just under 5 years and meeting all of the requiremenrs set out on the gov website for becoming a british citizen.

We just had the letter of refusal sent through, without much information on it, stating:

Your application was recieved on 23rd April 2019. As you were subject to a time limit on your stay in the UK on the dat of your application you do not meet one of the residence requirements. The home secretary has no discretion to waive this particular requirement and as you do not meet it your application has been refused.

It then goes on to say she must take steps to regularise her immigration status and that on £80 will be refunded.

Does anyone have any ideas on this? her visa was renewed last year, with the health surcharge and biometrics etc all up to date.

I'm not really sure what requirement she has not met...
She needs to apply for ILR first before applying for BC. What visa was she on before?
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

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